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DECISION

Approving the national Plan on implementation of the Stockholm Convention on persistent organic pollutants

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2005 Law on Environmental Protection;

Pursuant to the Government's Decree No. 68/2005/ND-CP of May 20, 2005, on chemical safety;

At the proposal of the Minister of Natural Resources and Environment,

DECIDES:

Article 1.- To approve the national plan on implementation of the Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as the plan for short) with the following principal contents:

1. Regarding persistent organic pollutants (POPs) and the Stockholm Convention on POPs:

a/ POPs are extremely toxic chemicals which persist in the environment, capable of wide spread and high bio-accumulation in bio-tissues, causing serious harms to human health (reproductive, mental or immunity diseases, cancer, genetic injuries, etc.), biodiversity and the living environment.

At present, the Stockholm Convention on POPs (hereinafter referred to as the Stockholm Convention for short) provides for the management of chemical safety, minimization and ultimate elimination of all 12 chemicals or chemical groups being persistent and toxic organic pollutants below: Aldrin, Chlordane, Dieldrin, Endrin, Heptachlor, Hexachlorobenzene, Mirex, Toxaphene, DDT [1,1,1-trichloro-2,2-bis (4-chlorophenyl) ethane], Polychlorinated Biphenyls (PCB), Polychlorinated dibenzo-p-dioxins (Dioxins) and Polychlorinated dibenzofurans (Furans). The first nine substances are made by humans for use as plant protection drugs and insecticides; the tenth group of substances (PCB) is used in insulated oils and for heat conduction; while the last two groups of substances (Dioxins and Furans) are chemicals unintentionally formed through industrial production, daily life or waste treatment activities.

Of the above-said 12 substances and substance groups, Vietnam has banned the use of 9 plant protection drugs being POPs and restricted the import and use of PCB. Therefore, in order to implement the commitments to the Stockholm Convention, Vietnam shall have to:

- Apply measures and advanced technologies to minimize the unintentional formation of POPs being Dioxins and Furans;

- Prevent the import and use of plant protection drugs banned from use; demolish storehouses of plant protection drugs being residual POPs; treat pollution at former plant protection drug warehouses, yards and burial sites; detoxify areas which are severely polluted by dioxins used by the US during the Vietnam war;

- Eliminate according to an appropriate roadmap and dispose of PCB and discarded PCB-containing equipment in a safe manner.

b/ The Stockholm Convention, signed for implementation by many countries, aims to protect human health, biodiversity and the living environment from threats and risks posed by very toxic chemicals being POPs. The Stockholm Convention provides for cessation of the production, restriction of the use and elimination of several POPs made of by humans, and application of necessary measures to continuously minimize the unintentional formation of POPs through industrial production, daily life or waste treatment activities.

2. The plan's objectives:

a/ To formulate and perfect mechanisms, policies, laws and institutions for chemical safety management, minimization and elimination of POPs;

b/ To enhance scientific, technological, information and financial capabilities to prevent, control and treat POPs in a safe manner;

c/ To control, treat and entirely demolish by 2010 storehouses of plant protection drugs being POPs - toxic chemicals which have been eliminated but still exist;

d/ To thoroughly treat areas polluted by plant protection drugs being POPs and dioxins used by the US during the Vietnam war;

e/ To minimize by 2020 the release of PCB into the environment and eliminate the use of PCB in equipment and machinery, and dispose of PCB by 2028 in a safe manner;

f/ To continuously minimize the release of unintentionally formed POPs (Dioxins and Furans).

3. Guiding principles for implementation of the plan:

a/ Taking prevention as the main activity, considering POPs immediate and long-term threats which directly affect human health, biodiversity and the living environment;

b/ Safety management, minimization and elimination of POPs should be conducted regularly, continuously and resolutely;

c/ The plan's tasks should be feasible and suitable to the objectives of the national strategy on environmental protection, and at the same time, meet the requirements of the Stockholm Convention;

d/ The implementation of the plan should be systematic, coordinated, comprehensive and participated by various levels, branches, communities and all the people;

e/ Taking science and technology as a foundation; bringing into play internal strengths in combination with the use of international experience and assistance; applying advanced, clean and environmentally friendly technologies for safety management, minimization and efficient treatment of POPs.

4. Tasks and solutions to implementation of the plan:

a/ Perfecting mechanisms, policies and laws:

To review current mechanisms, policies and laws concerning POPs in order to make appropriate amendments and supplements, with priority given to the following policies:

- Inter-branch policies on management of the safety of chemicals, including POPs and other related toxic chemicals and wastes;

- Policies for encouraging activities to minimize, replace and eliminate POPs;

- Policies to grant capital, tax, charge, land use right or technology transfer preferences or supports to production, business and service establishments applying measures to minimize, replace or eliminate POPs;

- Production, business and service establishments which might unintentionally release POPs must monitor by themselves and regularly report on the results of monitoring these pollutants to competent state management agencies;

- Amending, supplementing or formulating environmental standards for use as a basis for safety management and disposal of POPs;

- Mechanisms for publicizing information on the situation of environmental pollution caused by POPs to the community and mechanisms on the community's participation in supervision and safety management of POPs.

b/ Enhancing the capability to manage POPs:

- Enhancing the capability of the national focal agency and other relevant functional agencies in the state management of POPs; training and building human resources for management, scientific research and technological development in the treatment of POPs; developing and introducing training programs and contents on POPs into universities;

- Building and developing technical capabilities of establishments which monitor and treat environmental pollution caused by POPs;

- Building a national database and information system on POPs as well as other toxic chemicals and wastes for data and information sharing among relevant parties.

c/ Stepping up investigation, research and application of advanced and modern scientific and technological solutions in safety management, minimization, disposal and elimination of POPs:

- Investigating, making statistics, monitoring, assessing and updating databases on POPs;

- Formulating and applying technical guidance on making statistics, assessing and reporting on the residual volumes, release, use, transportation and treatment of POPs;

- Assessing and classifying, and building a roadmap for treating, areas polluted by POPs; researching and applying environmental rehabilitation solutions at areas polluted by POPs, with priority given to treating establishments on the list enclosed with the plan for resolutely treating seriously polluting establishments, issued together with the Prime Minister's Decision No. 64/2003/QD-TTg of April 22, 2003;

- Formulating and implementing national and branch programs on management of chemical safety and replacement of PCB-containing oils, equipment and industrial products, focusing on the electricity industry;

- Formulating programs on analyzing, monitoring and updating databases on sources and volumes of release of unintentionally formed POPs, with priority given to high-risk sources, which affect human health, biodiversity and the environment;

- Researching, transferring and applying advanced, modern, clean and environmentally friendly technologies in order to minimize the release of unintentionally formed POPs, concentrating on metallurgy, construction material, chemical, and waste treatment industries.

d/ Raising the awareness, role and responsibilities of various levels, branches, population communities and all the people in chemical safety management, minimization and elimination of POPs:

- Investigating and researching into POPs' effects on human health, biodiversity and the living environment;

- Formulating and implementing programs on training for raising awareness about, and popularizing knowledge of, POPs among managerial officials, enterprises and population communities;

- Defining the responsibilities, and building mechanisms for coordinated operation, of central and local state management agencies involved in the management of POPs;

- Mobilizing the wide participation of, and creating favorable mechanisms for, population communities, social organizations and all the people to actively participate in managing the safety, and supervising the use, of POPs;

- Publicizing information on establishments causing environmental pollution by the use of POPs.

e/ Increasing and diversifying investment capital sources:

- Increasing state budget investment, attracting ODA and mobilizing other capital sources for safety management, minimization, disposal and elimination of POPs;

- Integrating the safety management, minimization, disposal and elimination of POPs into socio-economic development programs, plans and projects with a view to efficiently using resources.

f/ Expanding, and raising the efficiency of, international cooperation:

- To fulfill Vietnam's member responsibilities towards the Stockholm Convention. To build mechanisms for exemptions registration, and addition to the list, of POPs subject to management and periodically report on the results of implementation of the Stockholm Convention in Vietnam;

- To participate in regional and international bilateral and multilateral cooperation on POPs; share information and experience, transfer technologies and exchange experts for the implementation of the Stockholm Convention;

- To actively participate in the implementation of regional and global programs on monitoring POPs;

- To coordinate and combine the implementation of the Stockholm Convention on POPs with that of relevant conventions and agreements on environmental protection.

5. Organization of implementation of the plan:

a/ For the implementation of the plan's objectives and tasks, ministries are assigned to expeditiously formulate and approve or submit to the Prime Minister for consideration and approval the following 15 schemes:

- A scheme on perfecting mechanisms, policies and laws on safety management of POPs (under the charge of the Ministry of Natural Resources and Environment);

- A scheme on safety management, disposal and elimination of the use of plant protection drugs in the form of residual POPs (under the charge of the Ministry of Agriculture and Rural Development);

- A scheme on thoroughly treating areas polluted by dioxins used by the US during the Vietnam war (under the charge of the Ministry of Defense);

- A scheme on the management of medical wastes for minimizing the release of POPs and several other toxic substances (under the charge of the Ministry of Health);

- A scheme on thoroughly treating areas polluted by POPs being plant protection drugs and PCB (under the charge of the Ministry of Natural Resources and Environment);

- A scheme on management of chemical safety, elimination of the use and disposal of PCB and PCB-containing products in the electricity industry as well as industrial products (under the charge of the Ministry of Industry);

- A scheme on building and developing technical capabilities of establishments which monitor and analyze the results of monitoring POPs; establishing a network of standard laboratories for analyzing and assessing the extent of pollution and adverse effects of POPs on human health, biodiversity and the environment (under the charge of the Ministry of Natural Resources and Environment);

- A scheme on encouraging and supporting the application of advanced, modern, clean and environmentally friendly technologies as well as current best environmental protection experience to minimize and eliminate the release of POPs unintentionally formed through industrial production, daily life or waste treatment activities (under the charge of the Ministry of Industry);

- A scheme on investigating and researching into adverse impacts of POPs- polluted environment on community health (under the charge of the Ministry of Health);

- A scheme on disseminating, educating and raising awareness about harms of POPs (under the charge of the Ministry of Natural Resources and Environment);

- A scheme on increasing technical and financial support resources for implementation of the Stockholm Convention on POPs in Vietnam (under the charge of the Ministry of Planning and Investment);

- A scheme on raising the capability to manage and control the production, import, export, use, storage and transportation of chemicals banned from use in Vietnam (under the charge of the Ministry of Trade);

- A scheme on researching into and formulating POPs release standards and technological standards to meet development and integration requirements (under the charge of the Ministry of Science and Technology);

- A scheme on building a national system of information on POPs, enhancing the participation of involved parties, population communities and all the people in safety management of POPs (under the charge of the Ministry of Natural Resources and Environment);

- A scheme on investigating and assessing POPs management nationwide (management the Ministry of Natural Resources and Environment).

b/ Assignment of responsibilities:

- The Ministry of Natural Resources and Environment shall, in the capacity as the national focal agency for implementation of the Stockholm Convention, assume the prime responsibility for organizing the implementation of the plan; urge and inspect ministries, branches and provincial/municipal People's Committees in the performance of their assigned tasks; synthesize data and periodically report the results of implementation of the plan to the Prime Minister and the Secretariat of the Stockholm Convention on POPs;

- Ministries, branches and provincial/municipal People's Committees shall, within their respective scope of management, elaborate, and organize the performance of their assigned tasks according to the plan, and periodically report the performance results to the Prime Minister and the Ministry of Natural Resources and Environment which is the national focal agency for implementation of the Stockholm Convention;

- The Ministry of Planning and Investment and the Ministry of Finance shall apportion and include state budget capital and capital of other sources in annual and long-term plans for efficient implementation of the tasks and schemes under the plan.

Article 2.- This Decision shall take effect 15 days after its publication in "CONG BAO."

The Minister of Natural Resources and Environment shall guide and organize the implementation of this Decision.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People's Committees as well as concerned agencies and units shall have to implement this Decision.